PRIVACY AMENDMENT (ENHANCING PRIVACY PROTECTION) BILL 2012

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for Sustainability and Urban Water (Senator Farrell)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

On the motion of Senator Ludwig the following amendments, taken together by leave, were debated and agreed to:

Schedule 2, item 72, page 100 (after line 11), at the end of subsection 21B(4), add:

(i) whether the provider is likely to disclose credit information or credit eligibility information to entities that do not have an Australian link;

(j) if the provider is likely to disclose credit information or credit eligibility information to such entities—the countries in which those entities are likely to be located if it is practicable to specify those countries in the policy.

Schedule 2, item 72, page 101 (after line 25), at the end of subsection 21C(3), add:

(e) whether the provider is likely to disclose credit information or credit eligibility information to entities that do not have an Australian link;

(f) if the provider is likely to disclose credit information or credit eligibility information to such entities—the countries in which those entities are likely to be located if it is practicable to specify those countries in the credit reporting policy.

(d) the credit provider discloses the credit eligibility information under paragraph (3)(d) to an enforcement body.

Schedule 2, item 72, page 111 (line 18), omit paragraph 21M(1)(b).

Schedule 2, item 72, page 111 (lines 19 and 20), omit "for the purpose of the collection of payments", substitute "to the person or body for the primary purpose of the person or body collecting payments".

Schedule 2, item 72, page 111 (after line 26), at the end of subsection 21M(1), add:

Note: See section 21NA for additional rules about the disclosure of credit eligibility information under this subsection.

21NA Disclosures to certain persons and bodies that do not have an Australian link

Related bodies corporate and credit managers etc.

(1) Before a credit provider discloses credit eligibility information under paragraph 21G(3)(b) or (c) to a related body corporate, or person, that does not have an Australian link, the provider must take such steps as are reasonable in the circumstances to ensure that the body or person does not breach the following provisions (the relevant provisions) in relation to the information:

(a) for a disclosure under paragraph 21G(3)(b)—section 22D;

(b) for a disclosure under paragraph 21G(3)(c)—section 22E;

(c) in both cases—the Australian Privacy Principles (other than Australian Privacy Principles 1, 6, 7, 8 and 9.2).

(2) If:

(a) a credit provider discloses credit eligibility information under paragraph 21G(3)(b) or (c) to a related body corporate, or person, that does not have an Australian link; and

(b) the relevant provisions do not apply, under this Act, to an act done, or a practice engaged in, by the body or person in relation to the information; and

(c) the body or person does an act, or engages in a practice, in relation to the information that would be a breach of the relevant provisions if those provisions applied to the act or practice;

the act done, or the practice engaged in, by the body or person is taken, for the purposes of this Act, to have been done, or engaged in, by the provider and to be a breach of those provisions by the provider.

Debt collectors

(3) Before a credit provider discloses credit eligibility information under subsection 21M(1) to a person or body that does not have an Australian link, the provider must take such steps as are reasonable in the circumstances to ensure that the person or body does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information.

(4) If:

(a) a credit provider discloses credit eligibility information under subsection 21M(1) to a person or body that does not have an Australian link; and

(b) the Australian Privacy Principles do not apply, under this Act, to an act done, or a practice engaged in, by the person or body in relation to the information; and

(c) the person or body does an act, or engages in a practice, in relation to the information that would be a breach of the Australian Privacy Principles (other than Australian Privacy Principle 1) if those Australian Privacy Principles applied to the act or practice;

the act done, or the practice engaged in, by the person or body is taken, for the purposes of this Act, to have been done, or engaged in, by the provider and to be a breach of those Australian Privacy Principles by the provider.

Schedule 2, item 72, page 125 (line 20), at the end of the heading to section 22E, add "etc.".

Schedule 2, item 72, page 126 (lines 3 and 4), omit "in managing credit provided by the credit provider", substitute "for the purpose for which it was disclosed to the person under paragraph 21G(3)(c)".

Schedule 2, item 72, page 126 (lines 8 to 10), omit all the words from and including "information" to the end of subsection 22E(3), substitute:

information if:

(a) the disclosure is to the credit provider; or

(b) the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Schedule 4, item 189, page 193 (after line 18), at the end of section 80Z, add:

Note: In determining the pecuniary penalty, the court must take into account all relevant matters including the matters mentioned in subsection 80W(6).